The bill amends Chapter 18-1 of the General Laws, adding a new section titled "Confidential communications" that establishes the privilege of communications between an attorney and a client acting as a trustee or other fiduciary. Specifically, it states that such communications are protected from disclosure to the same extent as if the client were acting in their individual capacity. The bill clarifies that this privilege is not waived by the fiduciary relationship between the trustee and the trust's beneficiaries or by the use of trust property to pay for legal services. Additionally, it specifies that the attorney's client is solely the person acting as trustee or fiduciary, and a successor does not automatically become the attorney's client.
Furthermore, the bill allows trustees or fiduciaries and their successors to agree to share privileged communications without waiving the privilege, provided that such disclosures are not made to third parties without consent or a court order. It also notes that the new provisions do not affect existing laws regarding exceptions to attorney-client privilege for claimants through a deceased individual. This act will take effect upon passage.